Chapter 10 Discussion Questions Criminology

this would be nice to have, since it has an in memoriam for Steve Tibbetts

 

 

Introduction to Criminology Third Edition

 

 

I dedicate this book to my brothers Douglas Monroe and Jeffrey Alan Schram.

—Pam Schram

I dedicate this book to my loving wife and best friend, Kim Tibbetts. My true soulmate, for the last 20 years and forever.

—Steve Tibbetts

In Memoriam

After many years in academia, we are grateful for having the colleague whom we also consider a dear friend, someone special in our lives. Steve was one of those exceptional colleagues, a dear friend, to me. I will miss our conversations. Those who knew Steve appreciate that those conversations could range from how much snow he was shoveling, to his thoughts on why SEC is so wonderful (I’m Big 10), to his favorite episodes of Law and Order. Steve always expressed such joy and pride when talking about the special loves in his life—his wife, Kim; his daughter, Rian; and his mom and dad, Jane and Steve.

Steve was one of those colleagues I could go to when I needed to discuss a possible project, advice on how to handle a situation, or just to “vent.” He always had a way of making things seem better. He was known by many of us in the department to share odd or strange crime stories. For me, he would enjoy sharing some crazy cat news story. By the way, Steve did not really like cats, so you can imagine the type of stories he would share.

Steve has made a significant, and lasting, impact in the field of criminology in so many ways. But he has impacted so many people, not just as a criminologist, but as Stephen Tibbetts. He

 

 

was a wonderful husband, father, son, and dear friend. I will miss him.

—Pam Schram

 

 

Introduction to Criminology Why Do They Do It?

Third Edition

Pamela J. Schram California State University, San Bernardino

Stephen G. Tibbetts Radford University

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Names: Schram, Pamela J., author. | Tibbetts, Stephen G., author.

Title: Introduction to criminology : why do they do it? / Pamela J. Schram, California State University, San Bernardino, Stephen G. Tibbetts, Radford University.

Description: Third edition. | Thousand Oaks, California : SAGE Publications, Inc., [2021] | Includes bibliographical references and index.

Identifiers: LCCN 2019034242 | ISBN 9781544375731 (paperback) | ISBN 9781544375755 (epub) | ISBN 9781544375762 (epub) | ISBN 9781544375779 (pdf)

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Brief Contents 1. Preface 2. Acknowledgments 3. About the Authors 4. Chapter 1: Introduction to Criminology 5. Chapter 2: Measuring Crime 6. Chapter 3: The Classical School of Criminological Thought 7. Chapter 4: Contemporary Classical and Deterrence Research 8. Chapter 5: Early Positivism:Biological Theories of Crime 9. Chapter 6: Modern Biosocial Perspectives of Criminal Behavior

10. Chapter 7: Psychological/Trait Theories of Crime 11. Chapter 8: Social Structure Theories of Crime I:Early Development

and Strain Models of Crime 12. Chapter 9: Social Structure Theories of Crime II:Social

Disorganization and Subcultures 13. Chapter 10: Social Process and Control Theories of Crime 14. Chapter 11: Labeling Theory and Conflict/Marxist/Radical Theories of

Crime 15. Chapter 12: Feminist Theories of Crime 16. Chapter 13: Developmental/Life-Course Perspectives on Criminality 17. Chapter 14: White-Collar Crime, Organized Crime, and Cybercrime 18. Chapter 15: Hate Crimes, Mass Murder, Terrorism, and Homeland

Security 19. Chapter 16: Drugs and Crime 20. Glossary 21. Notes 22. Index

 

 

Detailed Contents Preface Acknowledgments About the Authors Chapter 1: Introduction to Criminology

• Case Study: The “Confidence Man” Introduction What Is a Crime? What Are Criminology and Criminal Justice? The Consensus and Conflict Perspectives of Crime • Learning Check 1.1 The Criminal Justice System

Law Enforcement Courts Corrections The Juvenile Justice System

• Learning Check 1.2 Criminological Theory • Applying Theory to Crime: Motor-Vehicle Theft

Five Characteristics of Good Theories • Learning Check 1.3

Three Requirements for Determining Causality • Why Do They Do It? David and Louise Turpin

Theory Informs Policies and Programs • Victimology

Victim Precipitation The Incidence/Prevalence of Victimization Child Abuse and Neglect Compensation and Restitution Victim Impact Statements

• Learning Check 1.4 Victim Rights Awareness

Conclusion Key Terms Discussion Questions

 

 

Resources Chapter 2: Measuring Crime

• Case Study: September 11, 2001, Victims Introduction Data From Law Enforcement Agencies

Uniform Crime Reports Historical Overview The Uniform Crime Reporting (UCR) Program Limitations

• Why Do They Do It? An Unusual DUI Offense; Dead Man’s Parrot a Key Witness?; Lottery Winner Arrested; Burglar Can’t Escape the Escape Room • Learning Check 2.1

Supplementary Homicide Reports (SHR) The National Incident-Based Reporting System (NIBRS)

Data Collection Limitations

Hate Crime Data Law Enforcement Officers Killed and Assaulted (LEOKA) Statistics

Data From Victims of Crime: The National Crime Victimization Survey (NCVS) • Learning Check 2.2

Limitations Comparing the NCVS With Uniform Crime Reports

Data From Self-Report Surveys Monitoring the Future (MTF) The National Survey on Drug Use and Health (NSDUH) National Youth Survey—Family Study

Additional Approaches to Collecting Data The National Prisoner Statistics (NPS) Program

• Applying Theory to Crime: Hate Crime Spatial Analyses of Crime

• Learning Check 2.3 Conclusion Key Terms Discussion Questions

 

 

Resources Chapter 3: The Classical School of Criminological Thought

• Case Study: Robert Seman, Jr. Introduction Pre-Classical Perspectives on Crime and Punishment The Age of Enlightenment • Learning Check 3.1 The Classical School of Criminology

Influences on Beccaria and His Writings Beccaria’s Proposed Reforms and Ideas of Justice Beccaria’s Ideas of the Death Penalty Beccaria’s Concept of Deterrence and the Three Key Elements of Punishment

Swiftness of Punishment • Learning Check 3.2

Certainty of Punishment Severity of Punishment Beccaria’s Conceptualization of Specific and General Deterrence Summary of Beccaria’s Ideas and Influence on Policy

• Learning Check 3.3 The Impact of Beccaria’s Work on Other Theorists The Neoclassical School of Criminology • Why Do They Do It? The Harpe Brothers • Applying Theory to Crime: Other Assaults (Simple) The Decline of Classical/Neoclassical Theory Policy Implications Conclusion Summary of Theories Key Terms Discussion Questions Resources

Chapter 4: Contemporary Classical and Deterrence Research • Case Study: The Murder of Kristen Crowley Introduction The Rebirth of Deterrence Theory and Contemporary Research

The Four Waves of Modern Deterrence Research

 

 

Aggregate Studies Cross-Sectional Studies Longitudinal Studies Scenario/Vignette Studies

Formal Versus Informal Deterrence Rational Choice Theory • Learning Check 4.1 • Applying Theory to Crime: Driving Under the Influence Routine Activities Theory

The Three Elements of Routine Activities Theory Motivated Offender Suitable Targets Lack of Guardianship

Applications of Routine Activities Theory The Minneapolis Hot Spots Study Crime Mapping and Geographic Profiling The Lifestyles Perspective

• Learning Check 4.2 Policy Implications • Why Do They Do It? The Green River Killer Conclusion Summary of Theories Key Terms Discussion Questions Resources

Chapter 5: Early Positivism: Biological Theories of Crime • Case Study: John Lotter, the “Boys Don’t Cry” Killer Introduction Early Biological Theories of Behavior

Craniometry Phrenology Physiognomy

Lombroso’s Theory of Atavism and Born Criminals Lombroso’s Theory of Crime Lombroso’s List of Stigmata Lombroso as the Father of Criminology and the Father of the Positive School

 

 

• Learning Check 5.1 Policy Implications

• Why Do They Do It? Dr. Harold Shipman • Learning Check 5.2 After Lombroso: The IQ-Testing Era

Goddard’s IQ Test Policy Implications Reexamining Intelligence Body-Type Theory: Sheldon’s Model of Somatotyping

• Applying Theory to Crime: Burglary • Learning Check 5.3 • Learning Check 5.4 Policy Implications Conclusion Summary of Theories Key Terms Discussion Questions Resources

Chapter 6: Modern Biosocial Perspectives of Criminal Behavior • Case Study: The Spahalski Brothers Introduction Nature Versus Nurture: Studies Examining the Influence of Genetics and Environment

Family Studies Twin Studies

• Learning Check 6.1 Adoption Studies Twins Separated at Birth

• Learning Check 6.2 Cytogenetic Studies: The XYY Factor Hormones and Neurotransmitters: Chemicals That Determine Criminal Behavior • Applying Theory to Crime: Aggravated Assault Brain Injuries • Learning Check 6.3 Central Versus Autonomic Nervous System Activity • Why Do They Do It? Charles Whitman

 

 

• Learning Check 6.4 Biosocial Approaches to Explaining Criminal Behavior

Behavioral Genetics Studies Diet/Nutrition Toxins

• Case Study Revisited: The Spahalski Brothers Policy Implications Conclusion Summary of Theories Key Terms Discussion Questions Resources

Chapter 7: Psychological/Trait Theories of Crime • Case Study: Joel Michael Guy, Jr. Introduction Early Psychological Theorizing Regarding Criminal Behavior

Freud’s Model of the Psyche and Implications for Criminal Behavior Hans Eysenck: Theory of Crime and Personality Lawrence Kohlberg: Moral Development

Heinz’s Dilemma John Bowlby: Attachment Theory

Modern Psychological Perspectives of Criminality IQ and Criminal Behavior

• Example Case History: Derek B. • Learning Check 7.1

James Q. Wilson and Richard J. Herrnstein: Crime and Human Nature

• Applying Theory to Crime: Rape Psychopathy and Crime

Mental Health and the Criminal Justice System • Learning Check 7.2

Treatment • Why Do They Do It? Ariel Castro

Mental-Health Courts The Insanity Defense

The M’Naghten Rule

 

 

The Irresistible-Impulse Test The Durham Rule The American Law Institute’s Model Penal Code

Policy Implications • Learning Check 7.3 Conclusion Summary of Theories Key Terms Discussion Questions Resources

Chapter 8: Social Structure Theories of Crime I: Early Development and Strain Models of Crime

• Case Study: The Black-Binder Bandit Introduction Early European Theorists of Social Structure: Comte, Guerry, and Quetelet Durkheim and the Concept of Anomie • Learning Check 8.1 • Learning Check 8.2 Merton’s Strain Theory

Cultural Context and Assumptions of Strain Theory Merton’s Concept of Anomie and Strain Adaptations to Strain

• Learning Check 8.3 Evidence and Criticisms of Merton’s Strain Theory

Variations of Merton’s Strain Theory Cohen’s Theory of Lower-Class Status Frustration and Gang Formation Cloward and Ohlin’s Theory of Differential Opportunity

General Strain Theory • Why Do They Do It? Christopher Dorner • Learning Check 8.4 Summary of Strain Theories • Why Do They Do It? Gang Lu • Applying Theory to Crime: Bank Robbery Policy Implications Conclusion

 

 

Summary of Theories Key Terms Discussion Questions Resources

Chapter 9: Social Structure Theories of Crime II: Social Disorganization and Subcultures

• Case Study: Fraternity Members Charged With Engaging in Alcohol Enemas Introduction The Ecological School and the Chicago School of Criminology

Cultural Context: Chicago in the 1800s and Early 1900s Ecological Principles in City Growth and Concentric Circles Shaw and McKay’s Theory of Social Disorganization • Learning Check 9.1 Reactions and Research

• Applying Theory to Crime: Stalking Cultural and Subcultural Theories of Crime

Early Theoretical Developments and Research in Cultural/Subcultural Theory

• Learning Check 9.2 Disparities of Race in Regard to Subcultural Theories of Crime Criticism

Policy Implications • Why Do They Do It? Whitey Bulger Conclusion Summary of Theories Key Terms Discussion Questions Resources

Chapter 10: Social Process and Control Theories of Crime • Case Study: The Bogles Introduction Learning Theories

Differential Association Theory Elements of Differential Association Theory Classical Conditioning

 

 

Reactions to Differential Association Theory Glaser’s Concept of Differential Identification

• Learning Check 10.1 Differential Reinforcement Theory

Elements Propositions

Psychological Learning Models Operant Conditioning

• Applying Theory to Crime: Murder Bandura’s Theory of Imitation/Modeling Reactions to Differential Reinforcement Theory Neutralization Theory

Techniques of Neutralization • Learning Check 10.2

Reactions to Neutralization Theory Control Theories

Thomas Hobbes’s Social Contract Émile Durkheim’s Idea of Collective Conscience Freud’s Concept of the Id and Superego Early Social Control Theories of Crime

Reiss’s Control Theory Toby’s Concept of Stake in Conformity Nye’s Control Theory Reckless’s Containment Theory

Modern Social Control Theories of Crime Matza’s Drift Theory Hirschi’s Social Bonding Theory

Integrated Social Control Theories Tittle’s Control-Balance Theory Hagan’s Power-Control Theory

A General Theory of Crime: Low Self-Control Psychological Aspects Physiological Aspects

• Learning Check 10.3 Policy Implications • Why Do They Do It? Jesse Pomeroy Conclusion

 

 

Summary of Theories Key Terms Discussion Questions Resources

Chapter 11: Labeling Theory and Conflict/Marxist/Radical Theories of Crime

• Case Study: The Flint Water Crisis Introduction Labeling Theory

Foundation Frank Tannenbaum: The Dramatization of Evil Edwin M. Lemert: Primary and Secondary Deviance Howard S. Becker: The Dimensions of Deviance Edwin M. Schur: Defining Deviance

Basic Assumptions • Learning Check 11.1

Research • Why Do They Do It? The Murder of Dawn Hamilton

Critiques Conflict Perspectives • Applying Theory to Crime: Larceny-Theft

Conservative (Pluralist) Conflict Perspectives George Vold: Group Conflict Theory Austin Turk: The Power to Define Criminal Behavior Richard Quinney: The Social Reality of Crime

• Learning Check 11.2 Radical Conflict Perspectives

Marxist Criminology William Chambliss and Robert Seidman on the U.S. Criminal Justice System

Additional Explanations of Crime Using a Marxist Framework

Colvin and Pauly’s Integrated Structural-Marxist Theory Herman and Julia Siegel Schwendinger on Adolescent Subcultures Steven Spitzer on Problem Populations

 

 

• Learning Check 11.3 Research Critiques

Additional Critical Theories Peacemaking Criminology The Restorative Justice Perspective Left Realism

Policy Implications Conclusion Summary of Theories Key Terms Discussion Questions Resources

Chapter 12: Feminist Theories of Crime • Case Study: Gertrude Baniszewski Introduction A Brief History of Feminism in the United States

Key Terms Feminist Perspectives on Gender • Learning Check 12.1

The Traditional or Conservative Perspective Liberal Feminism Radical Feminism Marxist and Socialist Feminism Postmodern Feminism

• Learning Check 12.2 Additional Feminist Perspectives

Traditional Theories of Female Crime Cesare Lombroso: Physical Attributes of Female Offenders William I. Thomas: The Biology of Female Offending Sigmund Freud: Female Inferiority Otto Pollak: Hidden Female Criminality

• Learning Check 12.3 Feminist Critiques of Previous Studies of Women and Crime

The Liberation Thesis • Applying Theory to Crime: Female Sex Offenders Power-Control Theory

 

 

Feminist Perspectives on Crime and Criminal Behavior • Why Do They Do It? Lavinia Fisher

Objectivity and Subjectivity Qualitative “Versus” Quantitative Analyses Feminist Criminology

Critiques of Feminist Theories • Learning Check 12.4 Policies Based on Feminist Theories of Crime Conclusion Summary of Theories Key Terms Discussion Questions Resources

Chapter 13: Developmental/Life-Course Perspectives on Criminality • Case Study: The Teen Burglar Introduction Basic Concepts and Early Developmental Theory Antidevelopmental Theory: Low-Self-Control Theory • Learning Check 13.1 Sampson and Laub’s Developmental Model Moffitt’s Developmental Taxonomy • Why Do They Do It? Henry Earl Thornberry’s Interactional Model of Offending Applying Theory to Crime: Arson

Case Study Empirical Evidence

• Learning Check 13.2 Policy Implications Conclusion Summary of Theories Key Terms Discussion Questions Resources

Chapter 14: White-Collar Crime, Organized Crime, and Cybercrime • Case Study: William T. Walters Introduction White-Collar Crime

 

 

Definitions and History • Learning Check 14.1

Incidence and Impact on Society Economic Costs

• Why Do They Do It? Enron Physical Costs Breakdown in Social Fabric Types of White-Collar Crime

Crimes Against the Environment • Learning Check 14.2

Labor Violations Theoretical Explanations

• Applying Theory to Crime: White-Collar Crime Organized Crime

Definition The Historical Context of Organized Crime in the United States Types of Criminal Organization

The Mafia Outlaw Motorcyle Gangs Prison Gangs Urban Street Gangs Transnational Organized Crime

Criminal Justice Responses The Chicago Crime Commission The Wickersham Commission The Kefauver Committee The McClellan Committee The President’s Commission on Law Enforcement and the Administration of Justice The Organized Crime Control Act of 1970 The President’s Commission on Organized Crime

• Learning Check 14.3 Theoretical Explanations

Cybercrime Definition Types

 

 

Hacking Identity Theft Child Pornography Internet Fraud Cyberstalking

Criminal Justice Responses The Computer Fraud and Abuse Act of 1984 The Digital Millennium Copyright Act of 1998 The Child Online Protection Act of 1998 The Electronic Communications Privacy Act of 1986 Executive Order 13694: Blocking the Property of Certain Persons Engaging in Significant Malicious Cyber-Enabled Activities The Strengthening State and Local Cyber Crime Fighting Act of 2017

Theoretical Explanations • Learning Check 14.4 Conclusion Key Terms Discussion Questions Resources

Chapter 15: Hate Crimes, Mass Murder, Terrorism, and Homeland Security

• Case Study: The Poway Synagogue Shooting Introduction Hate Crimes

Definition Hate Groups Anti-Hate-Crime Legislation

The Hate Crime Statistics Act of 1990 The Violent Crime Control and Law Enforcement Act of 1994 The Church Arson Prevention Act of 1996 The Campus Hate Crimes Right to Know Act of 1997 The Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act of 2009

 

 

Model State Legislation: Hate Crimes/Violence Against People Experiencing Homelessness

Theoretical Explanations of Hate Crimes • Why Do They Do It? The Murder of Matthew Shepard • Learning Check 15.1 Multicide

Categories of Mass Killers School Attacks Disparity in Rates of Committing Multicide Across Race and Religious Ideology

Terrorism Definition Typologies Extent Historical Context

The French Revolution Late-19th-Century and Early-20th-Century Terrorism Contemporary Terrorism

• Applying Theory to Crime: Terrorism Current Context

Organizational Networks Financial Support The Influence of the Media

Domestic Terrorism Theoretical Explanations

• Learning Check 15.2 Homeland Security

Origins Definition The Homeland Security Organizational Network Agencies Responsible for Homeland Security

The Transportation Security Administration (TSA) Citizenship and Immigration Services (USCIS) Immigration and Customs Enforcement (ICE) The Secret Service The Federal Emergency Management Agency (FEMA) The Coast Guard

 

 

Bureaucratic Problems and Solutions Issues Related to Civil Liberties

The Torture Debate Human Rights The Constitution The USA PATRIOT Act of 2001

• Learning Check 15.3 Policy Implications Conclusion Key Terms Discussion Questions Resources

Chapter 16: Drugs and Crime • Case Study: Kenneth Saltzman Introduction Depressants

Alcohol • Diagnosing Alcohol Problems

Barbiturates Tranquilizers (Including Benzodiazepines)

Narcotics Morphine Heroin Other Synthetic Narcotics

Stimulants Cocaine Amphetamine Methamphetamine

Other Commonly Abused Drugs Cannabis and Marijuana Steroids Inhalants Hallucinogens

• Learning Check 16.1 Trends of Drug Use

The Early History of Cocaine and Opioid Addiction Prohibition Era

 

 

“Reefer Madness” The 1960s and the Baby Boomers The “War on Drugs” Era Current Trends Regarding Drug Use

• Why Do They Do It? Ryan Thomas Haight The Link Between Drugs and Crime • Learning Check 16.2 Modern Policies Related to Reducing Drug Use

Interdiction Strategies Eradication Strategies Drug Courts Maintenance and Decriminalization Harm Reduction

• Applying Theory to Crime: Drug Selling/Trafficking and Drug Use

Legislation and Litigation • Learning Check 16.3 Policy Recommendations • Why Do They Do It? Pablo Escobar Conclusion Key Terms Discussion Questions Resources

Glossary Notes Index

 

 

Preface

If you are considering a career in any aspect of criminal justice, and you want to know more about the motivations and socio-psychological makeup of serious offenders, then this book is for you! Introduction to Criminology: Why Do They Do It? applies the dominant theories in the existing criminological literature as to why people commit crimes. In addition, we examine many recent (as well as many hypothetical) examples of serious crimes, and we demonstrate applications of theory as to why the offenders did what they did. While other textbooks do a decent job in discussing the basic theories, as well as exploring the various types of crime, our book integrates various street crimes within each chapter and applies theories that are appropriate in explaining such criminal activity. This is extremely important, because most instructors never get to the latter typology chapters in a given semester or term. So our approach is to incorporate them into the theoretical chapters in which they apply directly to the theories presented.

Our specific examples and true stories, such as notable serial killings and other recent crimes, in each chapter, as well as our use of established theoretical models to explain the offenses, is another primary distinction of this book. Obviously, this book is meant to be central to an introductory course in criminology, but due to the emphasis on applied theoretical explanations, it is also appropriate for higher-level undergraduate and graduate courses in criminological theory or as a reference for anyone in the field of criminal justice. In it, we have integrated true crimes (and some hypothetical examples) both on a general level, such as in the Applying Crime to Theory sections, and more specifically—in the Why Do They Do It? sections, which often involve serial killings, mass murderers, or other notorious examples of offenders/offending.

The subtitle of our book, “Why Do They Do It?” relates to our theme. Our goal in writing this book was to apply established theories of crime, which are often seen as abstract and hypothetical, to real crimes that have occurred, as well as to hypothetical ones that are quite likely to occur. To this end, we explore the various reasons for offending or the “why they do

 

 

it” in various cases, from the first documented serial killers in the United States—the Harpe Brothers in the late 18th century—to California cop- killer/spree-killer Christopher Dorner in 2013 and John T. Earnest, who massacred worshippers in a Poway, California, synagogue in 2019. Importantly, throughout these discussions of actual crimes we will apply theories. As you will see, some of the theories that applied to the earliest crimes seem to apply to the most modern crimes as well.

Unlike other authors in this field, we chose not to include separate chapters on violent or property crimes, because we have worked those into and applied them to the theories explored in each chapter. We strongly believe that by integrating discussions of such serious crimes—all of the FBI Index offenses of murder, rape, robbery, aggravated assault, burglary, motor- vehicle theft, larceny, and arson, as well as non-Index crimes, such as simple assault and driving under the influence—into the theoretical chapters provides the best exploration of why people commit such offenses. And the flip side is good as well; by discussing offenses together with theories, we show you how to apply theories toward explaining other instances of criminal behavior. Again, this goes back to our theme of “why do they do it?” It demonstrates our goal: apply the appropriate theories for the specific crime.

Additionally, our book is different from other textbooks in that we don’t have an overwhelming amount of sidebars and special sections that diverge from the topic at hand. We limited the special sections to a few basic categories, largely based on the goal of this text and mostly dedicated to applying criminological theory to actual offenses or true cases.

We feature a separate chapter on feminist criminology. Given that over half of Americans are female, and there has been a recent increase in certain crimes (e.g., simple assault) by women, this is an important addition to the study of crime. Furthermore, while men are still responsible for the vast majority of violent acts—murder, robbery, aggravated assault—in all societies, the pursuit of understanding why women commit so much less violence may have significant implications for reducing violence by men.

Another distinctive aspect of this book is that we devoted separate chapters to the developmental/life-course perspective, as well as modern biosocial

 

 

approaches regarding propensities to commit crime. These two frameworks/perspectives have become some of the most accepted and valid frameworks for explaining criminal behavior. A recent survey of key criminologists in the field showed that the developmental/life-course perspective ranked as the second most accepted perspective in explaining chronic offending (and the biosocial perspective ranked number 6, out of dozens of theories), yet most other textbooks do not cover this perspective as widely or in depth as we do. The developmental/life-course perspective, as well as the biosocial perspective, is “cutting edge” right now, and so we highlight the importance of these theoretical models, as well as the recent empirical studies in those areas.

Our text does follow a somewhat traditional format in that it presents theories chronologically from the Classical School to the Positive School of criminology, discussing all the established theories in the areas of social structure, social process, and conflict theories as they became popular over time. However, we look deeply into why certain theories became popular at certain times, which is often due more to politics and societal trends than the empirical validity of a given theory. Students of criminology should understand how historical crime and theories about crime were products of certain periods and certain ways of thinking.

Finally, our special typology chapters, the last three chapters of the book, are dedicated to contemporary topics—such as cybercrime, hate crimes, terrorism, white-collar/corporate crimes, and drug-related offenses—as well as several others that do not fit into the FBI Index crimes. We have done our best to provide the most current research on these topics. Gaining insight into these modern forms of offending is vital if you wish to understand the current state of crime in our society.

Our book also provides an ancillary package, with numerous resources to support instructors and students.

Digital Resources

Property Crime And Typologies Performance Task

 1. Your task as the District Attorney is to determine what charges, if any, and the penalties (refer to Penalty Sheet in the Document Library) for such charges, for all three individuals involved in this incident. You should base your answer on an understanding of the definitions by reviewing the Criminal Code for the State of Georgia: Title 16 Crimes and Offenses: Offenses involving Theft found in the Document Library. ● Please refer to the inventory sheet for the cost of merchandise stolen. 2. Next, examine the crime scenario and give your opinion on whether the crime committed was done by amateurs or professionals. (refer to the Document Library) 3. Identify what type of criminal typology could be applied to the suspects based on your lesson notes. (refer to the Document Library) Formatting Requirements: Your assignment must follow these formatting requirements: ● Be four pages typed, double spaced, using Times New Roman font (size 12), with oneinch margins on all sides. All the information you need is in the Document Library. ● Include a cover page containing the title of the assignment, your name, professor’s name, the course title, and the date. The cover page is not included in the required assignment page length. Self-Assessment Checklist: Use this to check your work before you submit your assignment:  My paper determines what charges, if any, and the penalties for the charges, if any.  My paper presents my opinion about whether the crime(s) committed were done by amateurs or professionals.  My paper identifies the type of criminal typology that could be applied to the suspects.

  • v

    Week 6

     

     

    Property Crime and Typologies

    Performance Task Assignment #2

     

     

     

    Quick Links

    Scenario

    Task

    Rubric

    Document Library

     

     

    CRJ 105 – Crime and Criminal Behavior

    © 2017 Strayer University. All Rights Reserved. This document contains Strayer University Confidential and Proprietary information and may not be copied, further distributed, or otherwise disclosed in whole or in part, without the expressed written permission of Strayer University. Page 2 of 30

    Scenario Case Number: 0998881 Date: 20 May 2016 Reporting Officer: Colt Winchester Incident Type: Property Crime Address of Occurrence: 222 Citation Way, Happy Town, GA 15486 Witnesses: Clifford Tonell: Store owner, Male, 48, White Bo Foot: Security Officer (Employee), Male, 76, White Andrea Sianturi: Employee, Female, 27, Asian American Susan Bunion: Customer: Female, 35, Asian American Weapon/Objects Used: On May 20, 2016, at approximately 18:00, officers responded to the Socks for Feet Outlet located at 222 Citation Way. According to the Socks for Feet Security Officer Bo Foot, three people entered the store and began walking down the Big Feet area of the store. Security Officer Bo Foot observed suspect one take three dozen pairs of the Big Guy brand socks and place them down his pants. Security Officer Bo Foot then followed the three suspects into the Hammer Toe section of socks where Security Officer Bo Foot observed suspect two place two dozen pairs of the Hang Nail Free brand of socks into suspect three’s purse. As Security Officer Bo Foot approached the suspects the suspects began to run. As Suspect one began to run he bumped Security Officer Foot causing him to fall to the floor. All three suspects ran out of the store into the back parking lot of the store. The store owner Clifford Tonell identified the three suspects as: Suspect (1) Bubba Hurt Suspect (2) Skeeter Redrum Suspect (3) Summer Breeze Please refer to inventory sheet for cost of merchandise stolen. All three suspects were later apprehended and arrested at the Just for Kicks Martial Arts studio located at 626 Felony Drive. All of the property was recovered inside Skeeter Redrum’s 1969 Ford Pinto.

     

     

    CRJ 105 – Crime and Criminal Behavior

    © 2017 Strayer University. All Rights Reserved. This document contains Strayer University Confidential and Proprietary information and may not be copied, further distributed, or otherwise disclosed in whole or in part, without the expressed written permission of Strayer University. Page 3 of 30

    Task 1. Your task as the District Attorney is to determine what charges, if any, and the penalties

    (refer to Penalty Sheet in the Document Library) for such charges, for all three individuals involved in this incident. You should base your answer on an understanding of the definitions by reviewing the Criminal Code for the State of Georgia: Title 16 Crimes and Offenses: Offenses involving Theft found in the Document Library.

    ● Please refer to the inventory sheet for the cost of merchandise stolen.

     

    2. Next, examine the crime scenario and give your opinion on whether the crime committed was done by amateurs or professionals. (refer to the Document Library)

    3. Identify what type of criminal typology could be applied to the suspects based on your

    lesson notes. (refer to the Document Library)

    Formatting Requirements:

    Your assignment must follow these formatting requirements:

    ● Be four pages typed, double spaced, using Times New Roman font (size 12), with one- inch margins on all sides. All the information you need is in the Document Library.

    ● Include a cover page containing the title of the assignment, your name, professor’s name, the course title, and the date. The cover page is not included in the required assignment page length.

    Self-Assessment Checklist:

    Use this to check your work before you submit your assignment:

     My paper determines what charges, if any, and the penalties for the charges, if any.  My paper presents my opinion about whether the crime(s) committed were done by

    amateurs or professionals.  My paper identifies the type of criminal typology that could be applied to the suspects.

     

     

     

     

     

    CRJ 105 – Crime and Criminal Behavior

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    Rubric Grading for this assignment will be based on the quality of your responses, logic/organization of the paper, and language and writing skills, using the following rubric.

    Points: 250 Assignment 2: Property Crime and Typologies Performance Task

    Criteria Unacceptable Below 70% F

    Fair 70-79% C

    Proficient 80-89% B

    Exemplary 90-100% A

    1. Determine what charges, if any, and the penalties for such charges, for all three individuals involved in this incident. Weight 25%

    Does not determine what charges, if any, and the penalties for such charges, for all three individuals involved in this incident.

    Partially determines what charges, if any, and the penalties for such charges, for all three individuals involved in this incident. The charges and penalties need further development and supporting details.

    Satisfactorily determines what charges, if any, and the penalties for such charges, for all three individuals involved in this incident. Most of the charges and penalties were determined; additional details would improve this section.

    Thoroughly determines what charges, if any, and the penalties for such charges, for all three individuals involved in this incident.

    2. Examine the crime scenario and give your opinion on whether the crime committed was done by amateurs or professionals. Weight: 25%

    Does not examine the crime scenario and give your opinion on whether the crime committed was done by amateurs or professionals.

    Partially examines the crime scenario and starts to present an opinion on whether the crime committed was done by amateurs or professionals.

    Satisfactorily examines the crime scenario and gives an opinion on whether the crime committed was done by amateurs or professionals. More supporting details about your opinion would improve this section.

    Thoroughly examines the crime scenario and gives a solid, well-supported opinion on whether the crime committed was done by amateurs or professionals.

    3. Identify what type of criminal typology could be applied based on your lesson notes. Weight: 25%

    Does not identify what type of criminal typology could be applied.

    Partially identifies what type of criminal typology could be applied. Additional details about the type of criminal typology would improve this section.

    Satisfactorily identifies what type of criminal typology could be applied. Most of the details about criminal typology were provided.

    Thoroughly identifies what type of criminal typology could be applied.

    4. Clarity, writing mechanics, and formatting requirements. Weight: 25%

    More than 6 errors present.

    5-6 errors present. 3-4 errors present. 0-2 errors present.

     

     

    CRJ 105 – Crime and Criminal Behavior

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    Document Library

    CLERKS OFFICE: HAPPY TOWN POLICE DEPARTMENT

    INCIDENT INFORMATION FORM

     

    Date:

    20 May 2016

    Case Number:

    0998881

    Reporting Officer:

    Colt Winchester

     

    ARRESTED DOB HEIGHT WEIGHT RACE GENDER PRIORS

    BUBBA HURT 01/05/1990 6’05 290 lbs W M Y

    SKEETER REDRUM

    05/14/1992 6’0 185 lbs W M Y

    SUMMER BREEZE

    07/05/1996 5’07 145 lbs W F Y

     

     

     

     

     

     

     

    CRJ 105 – Crime and Criminal Behavior

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    CLERKS OFFICE: HAPPY TOWN POLICE DEPARTMENT

    INCIDENT INFORMATION FORM

    WITNESS(S)

     

    Date:

    20 May 2016

    Case Number:

    0998881

    Reporting Officer:

    Colt Winchester

     

    NAME ADDRESS PHONE # OCCUPATION AGE RACE GENDER

    Clifford Tonell

    110 FELONY DRIVE, HAPPY TOWN, GA.

    444-555-777 STORE OWNER SOCKS FOR FEET 48 W M

    Bo Foot

     

    111 MISDEMEANOR DRIVE , HAPPY TOWN, GA.

    444-111-3333

    SECURITY OFFICER EMPLOYEE SOCKS FOR FEET

    76 W M

    Andrea Sianturi

    136 FELONY CIRCLE HAPPY TOWN, GA.

    444-999-4444 RETAIL SALES SOCKS FOR FEET 27 A F

    Susan Bunion

    128 FELONY LN. HAPPY TOWN, GA. 444-999-5555

    CRIMINAL JUSTICE INSTRUCTOR HAPPY TOWN COMMUNITY COLLEGE

    35 A F

     

     

     

     

     

     

    CRJ 105 – Crime and Criminal Behavior

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    SOCKS FOR FEET OUTLET INVENTORY SHEET

    MAY 20, 2016

     

    ITEM DESCRIPTION COST PER

    PAIR OF SOCKS

    PAIRS

    MISSING TOTAL

    MENS SOCKS BIG GUY BRAND $12.00 36 $432.00

    MENS SOCKS HANG NAIL FREE $10.00 24 $240.00

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

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    CRJ 105 – Crime and Criminal Behavior

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    CRJ 105 – Crime and Criminal Behavior

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    CRJ 105 – Crime and Criminal Behavior

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    CRJ 105 – Crime and Criminal Behavior

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    STATE OF GEORGIA CRIMINAL HISTORY

    Subject Name(s) BUBBA HERT (AKA) HURT, BUBBA BEAUREGARD Subject Description FBI Number State Id Number DOC Number

    618079JA8 GA183246 (GA) 146023-A (GA)

     

    Social Security Number Driver’s License Number

    666-66-6666 S0055-2826-4895-L (GA)

     

    Miscellaneous Numbers

    Unknown

     

    Sex Race Skin Tone

    Male White Medium

     

    Height Weight Date of Birth

    6”05’ (2016-03-16) 290 Pounds (2016-03-16) 1990-01-05

     

    Hair Color Eye Color Fingerprint Pattern

    Black (2016-03-16) Brown (2016-03-16) COPO1317161817131918 (FPC)

     

    Scars, Marks, and Tattoos

    Code Description, Comments, and Images

    Unknown Code (2016-03-16) SCAR LEG, RIGHT (GA00782800) Embedded Image (GA0782800;) (2016-03-16) Prison intake photo

    Unknown Code (2016-03-16) SCAR CALF, RIGHT (GA0415000) Contact agency for image

    PRCD L EAR (NCIC; (2016-03-16) PIERCED EAR, LEFT (GA0415000) Contact agency for image

     

    Blood Type Medical Condition

    Unknown Code Unknown Drug abuse

     

    Place of Birth Citizenship Ethnicity

    Georgia US (1990-01-05) White

     

     

     

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    Marital Status Religion

    Single (2016-03-16) Unknown (2016-03-16)

    Employment

    Employment as of 1985-09-11

    Occupation Metal stamping

    Employer Happy Metals, Inc.

    Mailing Address 1000 Violation Road Happy County Happy, GA 001133 US

    Residence

    Residence as of 2016-05-11

    Mailing Address 6025 N Misdemeanor St. Happy Town, GA.

    Telephone 444-012-5469

     

    Fingerprint Images

    Type Comments and Images

    Ten print set (1985-09-11) Contact agency for image (GA0415000)

     

    Palmprint Images

    Type Comments and Images

    Both palms (1985-09-11) Contact agency for image (GA0415000) Juvenile

     

    Photo Images

    Type Comments and Images

    Mugshot (2016-05-11) Contact agency for image (GA0415000)

     

    DNA Data

    Encoding Method Data and Comments

    STR (1989-03-28) DNA locus data table follows (GA013415Y)

    Locus Value Locus Value

    Amelogenin X, Y CSF1PO 11, 12

    D13S317 11 D16S539 12

    D18S51 12, 17 D21S11 29.1, 32.2

    D3S1358 14, 17 D5S818 11, 12

    D7S820 9, 12 D8S1179 11

    FGA 22, 24 TH01 6, 7

    TPOX 8 vWA 14, 16

     

     

     

     

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    Criminal History

    Cycle 001

     

    Tracking Number 04151984375826

    Earliest Event Date 2016-02-01

    Arrest (Cycle 001)

    Arrest Date 2016-02-01

    Arresting Agency GA0415000

    Subject Name(s) HURT, BUBBA BEAUREGARD

    Offender ID Number 169591 (Police Dept)

    Arrest Type Adult

    Charge

    Charge Number 01

    Agency GA0415000

    Charge Description SHOPLIFTING

    Statute GA 943.10

    NCIC Offense Code 2299

    Counts 01

    Severity Misdemeanor

    Charge

    Charge Number 02

    Agency GA0415000

    Charge Description UNIFORM CONTROLLED SUBSTANCES ACT

    Statute GA 161.41

    NCIC Offense Code 3562

    Counts 01

    Severity Felony

    Prosecutor Disposition (Cycle 001)

    Prosecutor Agency GA041013A

    Subject Name(s) Hurt, Bubba Beauregard

    Charge Charge Number 01

    Agency GA041013A

    Charge Description Shoplifting

    Statute GA 943.10

    NCIC Offense Code 2299

    Counts 01

    Severity Felony

    Disposition NO PROSECUTION (2016-03-13; Dismissed)

     

     

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    Charge Charge Number 02

    Agency GA041013A

    Charge Description UNIFORM CONTROLLED SUBSTANCES ACT

    Statute GA 161.41

    NCIC Offense Code 3562

    Counts 01

    Severity Misdemeanor

    Disposition NO PROSECUTION (2016-03-13; Dismissed)

    Court Disposition No data supplied

    Sentencing No data supplied

    Corrections No data supplied

     

     

     

     

     

     

     

     

     

     

     

     

     

    CRJ 105 – Crime and Criminal Behavior

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    MEMORANDUM

    To: Patrol Division From: Chief of Police Rodney Hurt Date: February 2, 2016 Subject: PROACTIVE EXPECTATIONS

     

    The purpose of this memorandum is to establish increase patrols in Zone III of Happy Town. Both City Council and the Mayor are receiving numerous complaints from citizens in regards to the increase crime in Happy Town. In addition a recent News Article criticized our police professionalism.

    As a result of a news story, and the concerns from our city leaders effectively immediately there will be designated patrol officers working with Vice and Narcotics to increase visibility and take a proactive approach in resolving this issue.

    We will be closely monitoring the progress for the upcoming months to ensure the citizens of our city that they are safe. Remember, when it comes to enforcement efforts, our emphasis should be the quality of your service.

    Rodney Hurt

    Chief of Police Happy Town

     

     

     

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    DIFFERENCES BETWEEN AMATUER AND PROFESSIONAL CRIMINALS

    Setting aside our disgust at the disruption of our value system, there are three major differences between the professional property offender (thief) and an “amateur” thief. First, the professional has a diminished moral capacity and multiple victims, while the amateur’s damage is much more limited. Secondly, the professional plans ahead, has a modus operandi, and an outlet for his booty (fence). Thirdly, the professional can only be stopped by incarceration, while the amateur will stop when his situation changes, because his theft is often a crime of sociological pressure and temporary opportunity (addiction, extreme poverty, underlying psychological problems, etc.). In sum, the professional must be combated with all the forces of law, while the amateur needs more sociological and psychological help to get his behavior back on track. So the law’s identifying the difference is essential to the sociological remedy.

    https://www.enotes.com/homework-help/explain-major-differences-between-professional-

    372874

    Georgia Codes

    TITLE 16 – CRIMES AND OFFENSES

    CHAPTER 8 – OFFENSES INVOLVING THEFT

    ARTICLE 1 – THEFT

     

    § 16-8-1 – Definitions

    O.C.G.A. 16-8-1 (2010) 16-8-1. Definitions As used in this article, the term: (1) “Deprive” means, without justification: (A) To withhold property of another permanently or temporarily; or (B) To dispose of the property so as to make it unlikely that the owner will recover it. (2) “Financial institution” means a bank, insurance company, credit union, building and loan association, investment trust, or other organization held out to the public as a place of deposit of funds or medium of savings or collective investment. (3) “Property of another” includes property in which any person other than the accused has an interest but does not include property belonging to the spouse of an accused or to them jointly.

     

    § 16-8-2 – Theft by taking

    O.C.G.A. 16-8-2 (2010) 16-8-2. Theft by taking A person commits the offense of theft by taking when he unlawfully takes or, being in lawful possession

     

    https://www.enotes.com/homework-help/explain-major-differences-between-professional-372874
    https://www.enotes.com/homework-help/explain-major-differences-between-professional-372874

     

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    thereof, unlawfully appropriates any property of another with the intention of depriving him of the property, regardless of the manner in which the property is taken or appropriated.

     

    § 16-8-3 – Theft by deception

    O.C.G.A. 16-8-3 (2010) 16-8-3. Theft by deception (a) A person commits the offense of theft by deception when he obtains property by any deceitful means or artful practice with the intention of depriving the owner of the property. (b) A person deceives if he intentionally: (1) Creates or confirms another’s impression of an existing fact or past event which is false and which the accused knows or believes to be false; (2) Fails to correct a false impression of an existing fact or past event which he has previously created or confirmed; (3) Prevents another from acquiring information pertinent to the disposition of the property involved; (4) Sells or otherwise transfers or encumbers property intentionally failing to disclose a substantial and valid known lien, adverse claim, or other legal impediment to the enjoyment of the property, whether such impediment is or is not a matter of official record; or (5) Promises performance of services which he does not intend to perform or knows will not be performed. Evidence of failure to perform standing alone shall not be sufficient to authorize a conviction under this subsection. (c) “Deceitful means” and “artful practice” do not, however, include falsity as to matters having no pecuniary significance, or exaggeration by statements unlikely to deceive ordinary persons in the group addressed.

     

    § 16-8-4 – Theft by conversion

    O.C.G.A. 16-8-4 (2010) 16-8-4. Theft by conversion (a) A person commits the offense of theft by conversion when, having lawfully obtained funds or other property of another including, but not limited to, leased or rented personal property, under an agreement or other known legal obligation to make a specified application of such funds or a specified disposition of such property, he knowingly converts the funds or property to his own use in violation of the agreement or legal obligation. This Code section applies whether the application or disposition is to be made from the funds or property of another or from the accused’s own funds or property in equivalent amount when the agreement contemplates that the accused may deal with the funds or property of another as his own. (b) When, under subsection (a) of this Code section, an officer or employee of a government or of a financial institution fails to pay on an account, upon lawful demand, from the funds or property of another held by him, he is presumed to have intended to convert the funds or property to his own use. (c)(1) As used in this subsection, the term “personal property” means personal property having a replacement cost value greater than $100.00, excluding any late fees and penalties, and includes heavy equipment as defined in paragraph (2) of Code Section 10-1-731 and tractors and farm equipment primarily designed for use in agriculture. (2) Any person having any personal property in such person’s possession or under such person’s control by virtue of a lease or rental agreement who fails to return the personal property within five days, Saturdays, Sundays, and holidays excluded, after a letter demanding return of the personal property has been mailed to such person by certified or registered mail or statutory overnight delivery, return receipt requested, at such

     

     

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    person’s last known address by the owner of the personal property or by the owner’s agent shall be presumed to have knowingly converted such personal property to such person’s own use in violation of such lease or agreement. (3) In the event that any personal property is not returned as provided for in the lease or rental agreement and the court orders the lessor or renter to pay replacement costs, replacement costs shall include but not be limited to: (A) The market value of the personal property. The market value shall be established by the owner of the property by providing from a supplier of such or reasonably similar personal property a current quotation of the value of the personal property which is of like quality, make, and model of the personal property being replaced. The value to be awarded shall be the higher of: (i) The value on the date when the conversion occurred; or (ii) The value on the date of the trial; (B) All rental charges from the date the rental agreement was executed until the date of the trial or the date that the property was recovered, if recovered; and (C) Interest on the unpaid balance each month at the current legal rate from the date the court orders the lessor or renter to pay replacement costs until the date the judgment is satisfied in full. (4) If as a part of the order of the court the lessor or renter is placed on probation, supervision of said probation shall not be terminated until all replacement costs, fees, charges, penalties, interest, and other charges are paid in full. All payments relative to this Code section shall be made to the appropriate court of jurisdiction and the court shall make distribution to the owner within 30 days of receipt thereof. (5) In the event that the owner incurs any expenses in the process of locating a lessor or renter who did not return any personal property according to the lease or rental agreement, the court shall provide that the lessor or renter reimburse the owner for those expenses which may include, but not be limited to, credit reports, private detective fees, investigation fees, fees charged by a law enforcement agency for such services as police reports, background checks, fees involved with swearing out a warrant for incarceration, and any other bona fide expenses.

     

    § 16-8-5 – Theft of services

    O.C.G.A. 16-8-5 (2010) 16-8-5. Theft of services A person commits the offense of theft of services when by deception and with the intent to avoid payment he knowingly obtains services, accommodations, entertainment, or the use of personal property which is available only for compensation.

     

    § 16-8-5.1 – Circumstances permitting inference of intent to avoid payment; exceptions

    O.C.G.A. 16-8-5.1 (2010) 16-8-5.1. Circumstances permitting inference of intent to avoid payment; exceptions The trier of fact may infer that the accused intended to avoid payment due for the rental or lease of any personal property in any prosecution pursuant to Code Section 16-8-2, relating to theft by taking; 16-8-3, relating to theft by deception; 16-8-4, relating to theft by conversion; or 16-8-5, relating to theft of services; if a person knowingly: (1) Used false identification; (2) Provided false information on a written contract; (3) Made, drew, uttered, executed, or delivered an instrument for the payment of money on any bank or other depository in exchange for present consideration, knowing that it would not be honored by the

     

     

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    drawee; (4) Abandoned any property at a location that is not the location agreed upon for return and that would not be reasonably known to the owner; (5) Returned any property to a location that would not reasonably be known to the owner without notifying the owner; or (6) Returned any property at a time beyond posted business hours of the owner. No person shall be convicted under Code Section 16-8-2, relating to theft by taking; 16-8-3, relating to theft by deception; 16-8-4, relating to theft by conversion; or 16-8-5, relating to theft of services; where there was an agreement to delay payment for such property or services or the accused makes payment in full within two business days after returning the property or obtaining the services.

     

    § 16-8-5.2 – Retail property fencing; forfeiture; related matters

    O.C.G.A. 16-8-5.2 (2010) 16-8-5.2. Retail property fencing; forfeiture; related matters (a) As used in this Code section, the term: (1) “Retail property” means any new article, product, commodity, item, or component intended to be sold in retail commerce. (2) “Retail property fence” means a person or entity that buys, sells, transfers, or possesses with the intent to sell or transfer retail property that such person knows or should have known was stolen. (3) “Value” means the retail value of the item as stated or advertised by the affected retail establishment, to include applicable taxes. (b) A person commits the offense of retail property fencing when such persons receives, disposes of, or retains retail property which was unlawfully taken or shoplifted over a period not to exceed 180 days with the intent to: (1) Transfer, sell, or distribute such retail property to a retail property fence; or (2) Attempt or cause such retail property to be offered for sale, transfer, or distribution for money or other things of value. (c) Whoever knowingly receives, possesses, conceals, stores, barters, sells, or disposes of retail property with the intent to distribute any retail property which is known or should be known to have been taken or stolen in violation of this subsection with the intent to distribute the proceeds, or to otherwise promote, manage, carry on, or facilitate an offense described in this subsection, shall have committed the offense of retail property fencing. (d) (1) It shall not be necessary in any prosecution under this Code section for the state to prove that any intended profit was actually realized. The trier of fact may infer that a particular scheme or course of conduct was undertaken for profit from all of the attending circumstances. (2) It shall not be a defense to violating this Code section that the property was obtained by means other than through the commission of a theft offense if the property was explicitly represented to the accused as being obtained through the commission of a theft. (e) Any property constituting proceeds derived from or realized through a violation of this Code section shall be subject to forfeiture to the State of Georgia except that no property of any owner shall be forfeited under this subsection, to the extent of the interest of such owner, by reason of an act or omission established by such owner to have been committed or omitted without knowledge or consent of such owner. The procedure for forfeiture and disposition of forfeited property under this subsection shall be as provided for under Code Section 16-13-49. (f) Each violation of this Code section shall constitute a separate offense.

     

     

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    § 16-8-6 – Theft of lost or mislaid property

    O.C.G.A. 16-8-6 (2010) 16-8-6. Theft of lost or mislaid property A person commits the offense of theft of lost or mislaid property when he comes into control of property that he knows or learns to have been lost or mislaid and appropriates the property to his own use without first taking reasonable measures to restore the property to the owner.

     

    § 16-8-7 – Theft by receiving stolen property

    O.C.G.A. 16-8-7 (2010) 16-8-7. Theft by receiving stolen property (a) A person commits the offense of theft by receiving stolen property when he receives, disposes of, or retains stolen property which he knows or should know was stolen unless the property is received, disposed of, or retained with intent to restore it to the owner. “Receiving” means acquiring possession or control or lending on the security of the property. (b) In any prosecution under this Code section it shall not be necessary to show a conviction of the principal thief.

    PENALTIES FOR THEFT

     

    § 16-8-12 – Penalties for violation of Code Sections 16-8-2 through 16-8-9

    O.C.G.A. 16-8-12 (2010) 16-8-12. Penalties for violation of Code Sections 16-8-2 through 16-8-9 (a) A person convicted of a violation of Code Sections 16-8-2 through 16-8-9 shall be punished as for a misdemeanor except: (1) If the property which was the subject of the theft exceeded $500.00 in value, by imprisonment for not less than one nor more than ten years or, in the discretion of the trial judge, as for a misdemeanor; (2) If the property was any amount of anhydrous ammonia, as defined in Code Section 16-11-111, by imprisonment for not less than one nor more than ten years, a fine not to exceed the amount provided by Code Section 17-10-8, or both; (3) If the property was taken by a fiduciary in breach of a fiduciary obligation or by an officer or employee of a government or a financial institution in breach of his or her duties as such officer or employee, by imprisonment for not less than one nor more than 15 years, a fine not to exceed the amount provided by Code Section 17-10-8, or both; (4) If the crime committed was a violation of Code Section 16-8-2 and if the property which was the subject of the theft was a memorial to the dead or any ornamentation, flower, tree, or shrub placed on, adjacent to, or within any enclosure of a memorial to the dead, by imprisonment for not less than one nor more than three years. Nothing in this paragraph shall be construed as to cause action taken by a cemetery, cemetery owner, lessee, trustee, church, religious or fraternal organization, corporation, civic organization, or club legitimately attempting to clean, maintain, care for, upgrade, or beautify a grave, gravesite, tomb, monument, gravestone, or other structure or thing placed or designed for a memorial of the dead to be a criminal act; (5)(A) The provisions of paragraph (1) of this subsection notwithstanding, if the property which was the subject of the theft was a motor vehicle or was a motor vehicle part or component which exceeded $100.00 in value or if the theft or unlawful activity was committed in violation of subsection (b) of Code Section 10-1- 393.5 or in violation of subsection (b) of Code Section 10-1-393.6 or while engaged in telemarketing conduct in violation of Chapter 5B of Title 10, by imprisonment for not less than one nor more than ten years or, in

     

     

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    the discretion of the trial judge, as for a misdemeanor; provided, however, that any person who is convicted of a second or subsequent offense under this paragraph shall be punished by imprisonment for not less than one year nor more than 20 years. (B) Subsequent offenses committed under this paragraph, including those which may have been committed after prior felony convictions unrelated to this paragraph, shall be punished as provided in Code Section 17- 10-7; (6)(A) As used in this paragraph, the term: (i) “Destructive device” means a destructive device as such term is defined by Code Section 16-7-80. (ii) “Explosive” means an explosive as such term is defined by Code Section 16-7-80. (iii) “Firearm” means any rifle, shotgun, pistol, or similar device which propels a projectile or projectiles through the energy of an explosive. (B) If the property which was the subject of the theft offense was a destructive device, explosive, or firearm, by imprisonment for not less than one nor more than ten years; (7) If the property which was the subject of the theft is a grave marker, monument, or memorial to one or more deceased persons who served in the military service of this state, the United States of America or any of the states thereof, or the Confederate States of America or any of the states thereof, or a monument, plaque, marker, or memorial which is dedicated to, honors, or recounts the military service of any past or present military personnel of this state, the United States of America or any of the states thereof, or the Confederate States of America or any of the states thereof, and if such grave marker, monument, memorial, plaque, or marker is privately owned or located on privately owned land, by imprisonment for not less than one nor more than three years if the value of the property which was the subject of the theft is $300.00 or less, and by imprisonment for not less than three years and not more than five years if the value of the property which was the subject of the theft is more than $300.00; (8) If the property that was the subject of the theft was a vehicle engaged in commercial transportation of cargo or any appurtenance thereto, including without limitation any such trailer, semitrailer, container, or other associated equipment, or the cargo being transported therein or thereon, by imprisonment for not less than three years nor more than ten years, a fine not less than $5,000.00 nor more than $50,000.00, and, if applicable, the revocation of the defendant’s commercial driver’s license in accordance with Code Section 40- 5-151, or any combination of such penalties. For purposes of this paragraph, the term “vehicle” includes without limitation any railcar; or (9) Notwithstanding the provisions of paragraph (1) of this subsection, if the property of the theft was ferrous metals or regulated metal property, as such terms are defined in Code Section 10-1-350, and the sum of the aggregate amount of such property, in its original and undamaged condition, plus any reasonable costs which are or would be incurred in the repair or the attempt to recover any property damaged in the theft or removal of such regulated metal property, exceeds $500.00, by imprisonment for not less than one nor more than five years, a fine of not more than $5,000.00, or both. (b) Except as otherwise provided in paragraph (5) of subsection (a) of this Code section, any person who commits the offense of theft by deception when the property which was the subject of the theft exceeded $500.00 in value and the offense was committed against a person who is 65 years of age or older shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than ten years. (c) Where a violation of Code Sections 16-8-2 through 16-8-9 involves the theft of a growing or otherwise unharvested commercial agricultural product which is being grown or produced as a crop, such offense shall be punished by a fine of not less than $500.00 and not more than the maximum fine otherwise authorized by law. This minimum fine shall not in any such case be subject to suspension, stay, or probation. This minimum fine shall not be required in any case in which a sentence of confinement is imposed and such sentence of confinement is not suspended, stayed, or probated; but this subsection shall not prohibit imposition of any otherwise authorized fine in such a case.

     

     

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    § 16-8-14 – Theft by shoplifting

    O.C.G.A. 16-8-14 (2010) 16-8-14. Theft by shoplifting (a) A person commits the offense of theft by shoplifting when he alone or in concert with another person, with the intent of appropriating merchandise to his own use without paying for the same or to deprive the owner of possession thereof or of the value thereof, in whole or in part, does any of the following: (1) Conceals or takes possession of the goods or merchandise of any store or retail establishment; (2) Alters the price tag or other price marking on goods or merchandise of any store or retail establishment; (3) Transfers the goods or merchandise of any store or retail establishment from one container to another; (4) Interchanges the label or price tag from one item of merchandise with a label or price tag for another item of merchandise; or (5) Wrongfully causes the amount paid to be less than the merchant’s stated price for the merchandise. (b)(1) A person convicted of the offense of theft by shoplifting, as provided in subsection (a) of this Code section, when the property which was the subject of the theft is $300.00 or less in value shall be punished as for a misdemeanor; provided, however, that: (A) Upon conviction of a second offense for shoplifting, where the first offense is either a felony or a misdemeanor, as defined by this Code section, in addition to or in lieu of any imprisonment which might be imposed, the defendant shall be fined not less than $250.00 and the fine shall not be suspended or probated; (B) Upon conviction of a third offense for shoplifting, where the first two offenses are either felonies or misdemeanors, or a combination of a felony and a misdemeanor, as defined by this Code section, in addition to or in lieu of any fine which might be imposed, the defendant shall be punished by imprisonment for not less than 30 days or confinement in a “special alternative incarceration-probation boot camp,” probation detention center, diversion center, or other community correctional facility of the Department of Corrections for a period of 120 days or shall be sentenced to monitored house arrest for a period of 120 days and, in addition to either such types of confinement, may be required to undergo psychological evaluation and treatment to be paid for by the defendant; and such sentence of imprisonment or confinement shall not be suspended, probated, deferred, or withheld; and (C) Upon conviction of a fourth or subsequent offense for shoplifting, where the prior convictions are either felonies or misdemeanors, or any combination of felonies and misdemeanors, as defined by this Code section, the defendant commits a felony and shall be punished by imprisonment for not less than one nor more than ten years; and the first year of such sentence shall not be suspended, probated, deferred, or withheld. (2) A person convicted of the offense of theft by shoplifting, as provided in subsection (a) of this Code section, when the property which was the subject of the theft exceeds $300.00 in value commits a felony and shall be punished by imprisonment for not less than one nor more than ten years. (3) A person convicted of the offense of theft by shoplifting, as provided in subsection (a) of this Code section, when the property which was the subject of the theft is taken from three separate stores or retail establishments within one county during a period of seven days or less and when the property which was the subject of each theft exceeds $100.00 in value, commits a felony and shall be punished by imprisonment for not less than one nor more than ten years. (c) In all cases involving theft by shoplifting, the term “value” means the actual retail price of the property at the time and place of the offense. The unaltered price tag or other marking on property, or duly identified photographs thereof, shall be prima-facie evidence of value and ownership of the property. (d) Subsection (b) of this Code section shall in no way affect the authority of a sentencing judge to provide for a sentence to be served on weekends or during the nonworking hours of the defendant as provided in Code Section 17-10-3, relative to punishment for misdemeanors.

     

     

     

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    § 16-8-16 – Theft by extortion

    O.C.G.A. 16-8-16 (2010) 16-8-16. Theft by extortion (a) A person commits the offense of theft by extortion when he unlawfully obtains property of or from another person by threatening to: (1) Inflict bodily injury on anyone or commit any other criminal offense; (2) Accuse anyone of a criminal offense; (3) Disseminate any information tending to subject any person to hatred, contempt, or ridicule or to impair his credit or business repute; (4) Take or withhold action as a public official or cause an official to take or withhold action; (5) Bring about or continue a strike, boycott, or other collective unofficial action if the property is not demanded or received for the benefit of the group in whose interest the actor purports to act; or (6) Testify or provide information or withhold testimony or information with respect to another’s legal claim or defense. (b) In a prosecution under this Code section, the crime shall be considered as having been committed in the county in which the threat was made or received or in the county in which the property was unlawfully obtained. (c) It is an affirmative defense to prosecution based on paragraph (2), (3), (4), or (6) of subsection (a) of this Code section that the property obtained by threat of accusation, exposure, legal action, or other invocation of official action was honestly claimed as restitution or indemnification for harm done in the circumstance to which such accusation, exposure, legal action, or other official action relates or as compensation for property or lawful services. (d) A person convicted of the offense of theft by extortion shall be punished by imprisonment for not less than one nor more than ten years.

     

    § 16-8-17 – Intent to cheat or defraud a retailer

    O.C.G.A. 16-8-17 (2010) 16-8-17. Intent to cheat or defraud a retailer (a)(1) Except as provided in paragraph (2) of this subsection, a person who, with intent to cheat or defraud a retailer, possesses, uses, utters, transfers, makes, alters, counterfeits, or reproduces a retail sales receipt or a Universal Product Code label which results in a theft of property which exceeds $300.00 in value commits a felony and shall be punished by imprisonment for not less than one nor more than three years or by a fine or both. (2) A person convicted of a violation of paragraph (1) of this subsection, when the property which was the subject of the theft resulting from the unlawful use of retail sales receipts or Universal Product Code labels is taken from three separate stores or retail establishments within one county during a period of seven days or less and when the property which was the subject of each theft exceeds $100.00 in value, commits a felony and shall be punished by imprisonment for not less than one nor more than ten years. (b) A person who, with intent to cheat or defraud a retailer, possesses 15 or more fraudulent retail sales receipts or Universal Product Code labels or possesses a device the purpose of which is to manufacture fraudulent retail sales receipts or Universal Product Code labels will be guilty of a felony and punished by imprisonment for not less than one nor more than ten years.

     

     

     

     

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    § 16-8-18 – Entering automobile or other motor vehicle with intent to commit theft or felony

    O.C.G.A. 16-8-18 (2010) 16-8-18. Entering automobile or other motor vehicle with intent to commit theft or felony If any person shall enter any automobile or other motor vehicle with the intent to commit a theft or a felony, he shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years, or, in the discretion of the trial judge, as for a misdemeanor.

     

    § 16-8-21 – Removal or abandonment of shopping carts; posting of Code section in stores and markets

    O.C.G.A. 16-8-21 (2010) 16-8-21. Removal or abandonment of shopping carts; posting of Code section in stores and markets (a) As used in this Code section, “shopping cart” means those pushcarts of the type which are commonly provided by grocery stores, drugstores, or other merchant stores or markets for the use of the public in transporting commodities in stores and markets and incidentally from the store to a place outside the store. (b) It shall be unlawful for any person to remove a shopping cart from the premises, posted as provided in subsection (d) of this Code section, of the owner of such shopping cart without the consent, given at the time of such removal, of the owner or of his agent, servant, or employee. For the purpose of this Code section, the premises shall include all the parking area set aside by the owner or on behalf of the owner for the parking of cars for the convenience of the patrons of the owner. (c) It shall be unlawful for any person to abandon a shopping cart upon any public street, sidewalk, way, or parking lot other than a parking lot on the premises of the owner. (d) The owner of the store in which the shopping cart is used shall post in at least three prominent places in his store and at each exit therefrom a printed copy of this Code section, which copy shall be printed in type no smaller than 12 points. (e) Any person who violates subsection (b) or (c) of this Code section shall be guilty of a misdemeanor.

    ARTICLE 2 – ROBBERY

    § 16-8-40 – Robbery

    O.C.G.A. 16-8-40 (2010) 16-8-40. Robbery (a) A person commits the offense of robbery when, with intent to commit theft, he takes property of another from the person or the immediate presence of another: (1) By use of force; (2) By intimidation, by the use of threat or coercion, or by placing such person in fear of immediate serious bodily injury to himself or to another; or (3) By sudden snatching. (b) A person convicted of the offense of robbery shall be punished by imprisonment for not less than one nor more than 20 years.

    (c) Notwithstanding any other provision of this Code section, any person who commits the offense of robbery against a person who is 65 years of age or older shall, upon conviction thereof, be punished

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    4513b24c8861&pager.pageNo=1#georgia-title-16-chapter-8-article-2

     

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    What are the Different Types of Georgia Theft? ▪ Theft by taking: This means that a person unlawfully took possession of any item or piece of property

    that belongs to another. It does not matter how the item was taken. This is the simplest form of Georgia theft, and if you have another person’s property and deprive them of it you can be charged and found guilty of theft by taking.

    ▪ Theft by deception: This means that you were able to get something from another by deceitful means. This includes billing someone for a service that was not done, accepting payment for something you know will not be done, or selling property or an item without disclosing that there is a lien or loan still on it. Georgia theft by deception is more complex due to the intention of theft involved to deceive another out of their property or money which may involve confirming another’s wrong assumption about a fact or event when you know it is wrong.

    ▪ Theft by conversion: Georgia theft by conversion means that you took someone’s money to apply it in some manner for them, such as a deposit or payment, and instead you used it for your own purposes. For example, an officer or an employee of a government or financial institution does not apply your payment to the intended account, but rather, pockets the money for their own use. In addition, Georgia theft by conversion also applies to rental property that you are using; if you do not return such property when the owner demands it back then you have committed theft by conversion.

    ▪ Theft of services: In Georgia theft of services involves receiving a service, entertainment or an accommodation with no intention of paying for it. This includes not paying for maid service, not paying for a hotel room or meal, or item that requires payment of some sort. Georgia theft law ensures that service providers are able to collect the fee they are due by making the theft of services a crime.

    ▪ Theft by receiving stolen property: This type of theft is a crime which involves receiving stolen goods whether or not you are aware that they are stolen. You have committed a Georgia theft crime if you receive, get rid of, or keep property that you know or should know is stolen.

    ▪ Theft of lost or mislaid property: Many people may not realize that this is a crime under Georgia theft law. If, for example, you find a lost wallet and make no effort to return it to its rightful owner, then you have now committed theft of lost or mislaid property. Effort needs to be made to return the property under the law.

    ▪ Shoplifting: Shoplifting has its own specific punishments under Georgia theft law. Shoplifting includes any attempt to conceal an item, change the listed price, or failing to pay in full for an item removed from a store. Unlike the other Georgia theft crimes, a misdemeanor conviction involves stealing an item under $300; a felony shoplifting conviction involves stealing items that are worth more than $300.

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    critical/

     

     

     

     

     

     

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    CRIMINAL TYPOLOGIES

    Occasional Property Crimes

    Most occasional property criminals lack a past official history of criminality. They exhibit little

    progressive knowledge of criminal techniques or of crime in general. In contrast to career criminals

    or even conventional criminals, crime is not their sole or major means of livelihood, and they do not

    view themselves as criminal. Not identifying with criminal behavior, they have little of the vocabulary

    or “street sense” of the conventional criminal.

    Under the category of occasional property offenses, discussion will center on shoplifting, vandalism,

    motor vehicle theft, and check forgery. (Professional crimes of these types will be discussed later.)

    Surprisingly, there have not been many studies that focus on occasional and ordinary property

    offenders (Hepburn, 1984; Shover, 1983).

     

    Shoplifting

    The polite term for shoplifting used by the retail trade industry is “inventory shrinkage”—quite

    literally, goods have disappeared or shrunk from the total of accountable inventory. The slang term

    “five-finger discount” is a less polite term for this same process. While shoplifting is perhaps as

    ancient as trade or bartering, the post-World War II emergence of a consumer society and of large

    retail chains has created both a greater desire and a greater opportunity for retail theft. Inventory

    shortage costs in the United States account for about 2 percent of retail sales; the actual proportion

    may be considerably higher, depending on location, product, and clientele. Hollinger and Davis

    (2002) estimate the average retail firm loses 1.7 percent of gross revenues to “inventory shrinkage.”

    Shrinkage refers to the losses that are due to shoplifting, employee theft, vendor fraud, and

    administrative error. About one third of these losses are due to shoplifting. The average shoplifter is

    caught with $200 worth of merchandise, and the U.S. retail industry loses an estimated $10 billion

    per year to shoplifting. Many shoplifters are not motivated by need, as illustrated in the case of

    actress Winona Ryder, shown in Photo 10.1.

    The classic study on shoplifting is Mary Owen Cameron’s The Booster and the Snitch: Department

    Store Shoplifting (1964), which was based on store records and arrest data in the late 1940s; later

    research by L. E. Cohen and Stark (1974) supports her findings (see also Klemke, 1992). Cameron

    distinguishes between “boosters” (or “heels”)—professional shoplifters—and “snitches,” amateur

    shoplifters.

    Boosters (to be discussed later in this chapter) are like other professional criminals in carefully

    planning and skillfully executing their thefts and in concentrating on expensive items that can be

    quickly converted to cash by prearrangement with a “fence” (dealer in stolen goods). On a

    continuum of shoplifters, between the booster and the snitch are “shadow” professionals (Hellman,

    1970; Stirling, 1974, p. 120), individuals who in an avocational manner supplement their legitimate

    incomes by stealing. The majority of shoplifters are snitches, amateurs or individuals who do not

    view themselves as criminals. According to Cameron (1964), most are females and the vast majority

    have no official history of previous recorded criminal involvement. One example is the highly

    publicized case of Oscar nominee Winona Ryder, who was arrested at Saks Fifth Avenue in Beverly

    Hills for shoplifting. She stole $5,560.40 worth of designer merchandise. Acquitted of burglary, she

     

     

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    was convicted of grand theft and vandalism. Authorities believe that most shoplifters have the money

    to pay for their stolen items. One illustration of that is the case of Claude Allen. Convicted in 2006,

    Allen was at the time an assistant to George W. Bush on domestic policy. He perpetrated a

    fraudulent return scheme at Washington, D.C.–area stores. Taking purchased merchandise to his

    car, he would return to the store later with his receipt and select duplicate items of what he had just

    bought and request a refund for them. His take in 2005 was estimated at $5,000. His salary that year

    at the White House was $161,000 (Rohrlick, 2007).

    The most likely to be shoplifted in the United Kingdom in 2011 were choice cuts of meat, expensive

    bottles of alcohol, and hi-tech items such as electric toothbrushes and smart phones (G. Smith,

    2011). Similar, small and expensive items are the most coveted in the United States. The rate of

    male shoplifters was only slightly higher than the female rate. While there were more adult

    shoplifters than juveniles, the latter were more frequently caught. Shoplifting increases during the

    Christmas shopping season, while shoplifting arrest rates increase in March (Spring Break). An

    annual survey conducted by Richard Hollinger of the University of Florida on behalf of ADT Security

    Services estimated the losses for inventory shrinkage in 2006 to be $40.5 billion and that 47 percent

    of this ($19 billion) was due to shoplifting (“Shoplifting Costs U.S. Retailers,” 2007).

    Most snitches steal small, inexpensive items for their own personal use. In most instances, they

    have on their person sufficient funds to cover the stolen items. Such snitches come from all walks of

    life. Nettler (1982, Vol. 3) indicates, for instance, that “theories of poverty and low education and

    shoplifting would surprise store owners in university towns who experience three times the amount

    of theft as stores in other neighborhoods” (p. 106). Most snitches simply do not anticipate being

    caught. In the past when snitches were apprehended, most stores avoided lawsuits or possible

    adverse publicity by releasing the offenders after brief admonishment. When apprehended, snitches

    usually attempt to rationalize or excuse their behavior. For the middle-class offender with a

    psychology bent, “kleptomania”—a compulsion to steal—becomes a handy rationalization.

    Adventure, excitement, need, greed, or simply available opportunity or inadequate security may

    prove to be more likely reasons. Cameron (1964) claims that most snitches, when caught and faced

    with an unacceptable criminal self-image, cease shoplifting.

    Sensormatic Electronics assumes that shoplifting tends to increase during recessions—“when the

    going gets tough, some of the tough go shoplifting” (A. Newman, 1990). Sensormatic produces a

    variety of equipment, including security tags attached to articles that will set off alarms if the article is

    taken from the store without the tag having been removed by a salesperson. Dabney, Hollinger, and

    Dugan, in “Who Actually Steals? A Study of Covertly Observed Shoplifters” (2004), used closed-

    circuit television to observe shoppers and recorded their demographic and behavioral

    characteristics. A significant number (8.5 percent) were determined to be shoplifters. They found that

    juveniles and young adults were not more likely to shoplift. Middle-aged shoppers (35–54) were the

    most common shoplifters. More research is needed in order to confirm this finding. A number of

    states have passed antishoplifting statutes that enable retailers to stick shoplifters with some of the

    cost of security. “Civil demand” letters are sent to the accused shoplifters or their parents asking for

    payment of a $100 to $200 penalty in addition to the returned merchandise in exchange for the

    retailer not suing for civil damages (Schellhardt, 1990).

    Offenses against property, among the earliest to be punished under formal legal systems, include a wide variety of violations usually labeled larceny (theft). These offenses can be committed by a

     

     

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    variety of criminal types, two of which are discussed and contrasted in this chapter: occasional property criminals and conventional property criminals. Career criminality is characterized by identification with crime, criminal self-concept, group support, association with other criminals, progression in criminality, and crime as a sole means of livelihood. While occasional property offenders are the antithesis of career criminals, conventional property violators are on the bottom rung of the ladder of career criminality. Occasional property offenders commit their crimes relatively infrequently, irregularly, crudely, and without identifying themselves as criminals. Conventional criminals commit their offenses more regularly and tend to aspire to career criminality. Occasional property criminal behavior includes most, but not all shoplifting, vandalism, motor vehicle theft, and check forgery. Cameron distinguishes between two types of shoplifters: boosters (professionals) and snitches (amateurs). The majority of snitches have no previous criminal history, do not identify with criminality, and are deterred from future activity when threatened with formal legal processing. Vandalism, the willful destruction of the property of others, has been identified by Andrew Wade as consisting of three types: wanton (senseless), predatory (criminal), and vindictive (hateful). Wanton vandalism by juveniles is the most common type and usually represents an extension of play activity. Motor vehicle theft also consists of a variety of types: joyriding, short-term transportation, long-term transportation, and profit. Joyriders, who borrow a car for temporary adventure, illustrate well the occasional property criminal. Check forgers have been distinguished by Lemert as consisting of two types: naive check forgers and systematic check forgers. The former, who are occasional property criminals, write bad checks as a means of resolving a temporary crisis. The bad check writing is a result of closure, or limited possibilities for solving this problem. Conventional property criminals are those who commit larceny-theft and burglary on a fairly persistent basis, constituting a rudimentary form of career criminality. Such offenders are less skilled and organized than their professional counterparts and represent about half of the prison inmates in the United States. Most will eventually reduce or cease their “careers” by their mid-twenties. Burglary involves the unlawful entry of a structure in order to commit a felony or theft. This may include actual forcible entry, unlawful entry without force, or attempted entry. As a rule, burglars attempt to avoid violence. Marilyn Walsh identifies types of burglars. These include professionals, known burglars, young burglars, juvenile burglars, and junkies, in decreasing order of sophistication and organization. Other characteristics of burglars and burglary were described separately by Scarr, Repetto, and Pope. Indispensable to property criminals and particularly burglars is the fence, a dealer in stolen property. Successful police “stings,” or anti-fencing operations, were described. Most conventional offenders are nonspecialists; they “hustle,” or take advantage of various criminal opportunities. Larceny-theft, which includes a broad category of property crimes, makes up over half of the index offense total and as a category constitutes a “wastebasket concept,” a catch-all. Property offenses are more characteristic of youthful offenders, who tend to commit crimes in groups. Arson, which has since 1979 been included as a UCR index offense, involves any willful or attempted malicious burning of another’s property. Arson is described as a special-category property offense because of the variety of motivations involved, including (according to McCaghy’s typology) profit, revenge, vandalism, crime concealment, sabotage, and excitement. Comparisons of criminal careers of occasional versus conventional property criminals demonstrate that only the latter exhibit any level of commitment to criminality, and even they are often youthful offenders whose property criminality peaks at age 16, halves by age 20, and continues to decline thereafter. Societal reaction to occasional offenders is relatively mild, but it is relatively strong against conventional property offenders. Anthropological field research, such as that by Shover, suggests that programs aimed at identifying and getting tough with “career criminals” must be careful to examine the interplay among employment, threatened incarceration, and aging of offenders lest they get tough at the very time that most will mature out of crime. In sociology, professionals are those in occupations who possess useful knowledge and claim a service orientation for which they are granted autonomy. In this light, the term may be an inappropriate tag with which to designate skilled, able grifters or intensive career criminals. It is so widely used in the literature, however, that not to use the concept would be more confusing than to employ it. Sutherland’s classic 1937 work on the subject, The Professional Thief, describes some characteristics of professional criminals as including crime as sole livelihood,

     

     

    CRJ 105 – Crime and Criminal Behavior

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    planning, technical skills, codes of behavior, high status, and an ability to avoid detection. Professional crime is a sociological rather than a legal entity. The argot (specialized jargon) of the professional criminal world uses Depression-era U.S. terms. Some examples include cannons (pickpockets), heels (sneak thieves), boosters (shoplifters), and the con (confidence games). A continuum model of professional crime presents crime as professional to the degree that it possesses the following characteristics: sole livelihood, extensive career, skill, high status, avoidance of detection, criminal subculture, planning, and “the fix.” The fix refers to the ability to avoid prosecution by compromising the criminal justice process. The term scam refers to various criminal techniques or hustles. Professional crime differs from occupational/corporate crime in that, in the former, crime is the sole purpose of a business. Some examples of professional crime from Edelhertz’s typology were presented, most of which are examples of fraud. Some professional crime might be described as semiprofessional in that it involves less skill and planning. Sometimes called bunko or flim flam or short con operations, these scams include the pigeon drop, the badger scam, the bank examiner’s scam, postal frauds, circus grifting, boojo (a gypsy con game), and various home-improvement frauds. The big con involves far more skill, more elaborate planning, higher- status victims, and much larger rewards for the criminal. Ponzi schemes are frauds in which early investors in a nonexistent product are paid high dividends on the basis of money obtained from later investors. Pyramid schemes require investors to seek a chain of other investors in order to reap a promised high return. Examples of big con operations also included religious cons. Various professional criminal trades were discussed in the chapter. These included boosters, cannons, professional burglars, box men, fences, paper hangers, robbers, arsonists, and auto thieves. Descriptions of careers of professional criminals are methodologically limited by the need to rely on case studies and popular sources for many accounts. Most professional criminals seek anonymity, know the police and members of organized crime, are very deliberate in plying their trade, and avoid conspicuous consumption. They avoid rough stuff and “heat” and attempt to minimize risks. Requiring skill and contact with others, most seek subcultural support as suggested in Sutherland’s “differential association” theory. The professionalization of criminal justice has appeared to reduce many of the previous opportunities available in professional crime. The President’s Commission on Law Enforcement and the Administration of Justice pointed to the importance of two essential elements that explain the success of professional crime: “the fence” and “the fix.” The high cost of legal defense also may be responsible for a portion of the decline of such crime.

     

     

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Juvenile Delinquency & Justice

Week 1 Discussion Attachment

“The Changing Status of Children and Self-Report”

Using what you’ve learned this week, respond to the following prompts in your post:

· According to the text, delinquency is an inherently difficult concept to measure. Discuss two (2) of the main challenges with measuring self-reports from delinquents. Next, describe the methods you would utilize to overcome these challenges.

· African-American juveniles account for a disproportionate amount of all juvenile arrests for serious crimes. However, white juveniles are arrested more often than African-American youths. Furthermore, self-reports indicate that African-American and white juveniles commit similar amounts of delinquency and lower-class youths are more likely to commit serious offenses. Based on these statements, explain what these facts would mean to you if you were working as a Juvenile Justice professional. Next, recommended two (2) programs you would provide to your presiding Judge whom you work for. Provide support for your recommendation.Bottom of Form

 

Students:  Attached is a terminology page for the class, please download and keep it on hand when answering discussion and writing assignments.  Please remember that CRJ180 has specific terminology and you should use this language and terms when answering discussion questions.

 

For example, juvenile criminals are not in fact criminals but DELINQUENTS.  We do not put delinquents on trial – we have ADJUDICTION HEARINGS.   Juveniles do not commit crimes – they commit DELINQUENT ACTS.  Utilizing this language throughout your work in class gets you points, not using these terms and language means points will be deducted.  This language is especially important when submitting assignments.  See the attachment below:

Juvenile Justice Terms

Adjudicated: The court finds a youth guilty of committing a delinquent act. The court can commit the youth or place the youth on community supervision.

Adjudication Withheld: The court finds that a youth committed a delinquent act, but withholds an adjudication of delinquency. The court places the youth on community supervision.

Adjudicatory Hearing: The court determines if the facts support the allegation(s) made against a youth. The court must find that a youth is guilty beyond a reasonable doubt.

Aftercare (Conditional Release or Post-Commitment Probation): A state-operated or contracted program that monitors a youth who has been released from a commitment program.

Arrest: Youth are not arrested; a law enforcement officer takes a youth into custody based on probable cause and charges the youth with a law violation.

Chattel – property

Cost of Care: Parents or guardians may be billed a nominal charge for the services delivered to their child by the Department.

Commitment: A youth is placed in a program for delinquent youth defined by Florida Statute. These programs range from low to maximum restrictiveness levels.

Contempt: The court determines that a youth disobeyed or did not follow the court’s order. The youth can be placed in secure detention from five to fifteen days for each offense.

Delinquent Act: Any illegal act committed by a youth under the age of 18 who has not been sentenced as an adult for a felony.

Delinquent Youth: A person who has violated the law before reaching 18 years of age. The juvenile court handles cases until the youth’s 19th birthday, or until the court order is fulfilled.

Detention Care: The temporary care of a youth pending further action of the court. This may include secure, non-secure, or home detention.

Detention Center: A facility where youth are securely held pending court hearings, for contempt of court, or while awaiting placement in a commitment program.

Disposition Hearing: The court determines the sanctions, conditions, and services imposed on a youth who has committed a delinquent act.

Diversion: A program designed to keep a youth from entering the juvenile justice system through the legal process.

Houses of Refuge – first juvenile justice facilities designed to take in children who were neglected, abused or delinquent. Found in NY, PA and Massachusetts.

Intake: The screening and assessment of a youth who is alleged to have violated the law or a court order.

Intervention: Programs or services that are intended to prevent a youth from going further into the juvenile justice system.

Petition – document that states the allegations against a juvenile and requests a juvenile court to adjudicate the juvenile.

Positive Achievement Change Tool (PACT): An assessment tool used to determine a youth’s needs, strengths, and risk to re-offend.

Pre-Disposition Report (PDR): A report to the court on the youth’s offense, family history, community involvement, and recommendations for disposition.

Prevention: Prevention efforts at the Department of Juvenile Justice include implementing programs, strategies, initiatives, and networks designed to prevent children from making contact with the juvenile justice system. Additionally, the Office of Prevention offers diversion and intervention services in an effort to keep children from penetrating deeper into the system.

Probation: The status of a delinquent youth placed on community supervision. Youth are supervised by a Juvenile Probation Officer based on the order of the court.

Referral: When a youth is directed to the Department based on an allegation of a criminal law violation.

Status Offenses: Things a youth may do that are not illegal for an adult, such as truancy, running away, or underage drinking.

Taken Into Custody: Action on the part of law enforcement and the physical control of a youth who is detained by a law enforcement officer due to a violation of law or a court order.

Walker Plan: An agreement between the State Attorney, youth, and parent where a case is dismissed after successful completion of the sanctions.

Waiver to Adult Court – process where a juvenile court relinquishes jurisdiction over the juvenile offender and the case is processed in the adult court.

Common Law doctrine – The legal system American colonists brought from England. Case law is law developed by judges through decisions by courts. A “common law system” is a legal system that gives great precedential weight to common law on the principle that it is unfair to treat similar facts differently on different occasions. The body of “Precedent” is common law and is binds future decisions of lower courts.

Parens Patriae – meaning State of parent – The state can act in the role of parent for the juvenile when parents are deemed incapable or unwilling to control their children.

Mens Rea – “guilty mind.” Issue – Did one form the required criminal intent or guilty mind?

Actus Reas  “Guilty act.” The wrongful deed that comprises the physical components of crime.

To have Jurisdiction – The power or right or authority to interpret and apply the law. Court possesses the power or jurisdiction over matters only to the extent granted to it by the Constitution or legislation of the sovereignty.

Jurisdiction over the person = In personam or Personal Jurisdiction

Jurisdiction over the property = in rem.